[HISTORY: Adopted by the Township Committee
of the Township of Hainesport 7-13-1976 by Ord. No. 1976-5 as Ch. 87 of the 1976
Code. Amendments noted where applicable.]
[Amended 3-11-1980 by Ord. No. 1980-4; 4-22-1980 by Ord. No. 1980-3A; 4-12-1994 by Ord. No.
1994-4-3; 9-28-2004 by Ord. No. 2004-15-9; 12-8-2020 by Ord. No. 2020-8]
The Burlington County Health Department is hereby designated
as the enforcing agency to exercise the powers prescribed by the within
chapter.
[Amended 12-8-2020 by Ord. No. 2020-8]
Pursuant to the provisions of Chapter 21 of
the Public Laws of 1946 (N.J.S.A. 40:49-5.1), the New Jersey State
Housing Code, as approved by the Departments of Community Affairs
and filed in the Secretary of State's office, is hereby accepted,
adopted and established as a standard to be used as a guide in determining
whether dwellings in this municipality are safe, sanitary and fit
for human habitation and rental. A copy of the New Jersey State Housing
Code is annexed to this chapter, and three copies of the same have
been placed on file in the office of the Township Clerk and are available
to all persons desiring to use and examine the same.
[Amended 4-22-1980 by Ord. No. 1980-3A; 4-12-1994 by Ord. No. 1994-4-3; 9-28-2004 by Ord. No.
2004-15-9]
The Burlington County Health Department is hereby
authorized and directed to make inspections to determine the condition
of dwellings, dwelling units, rooming units and premises located within
the Township of Hainesport in order that it may perform the duty of
safeguarding the health and safety of the occupants of dwellings and
of the general public. For the purpose of making such inspections,
the Burlington County Health Department is hereby authorized to enter,
examine and survey, at all reasonable times, all dwellings, dwelling
units, rooming units and premises. The owner or occupant of every
dwelling, dwelling unit and rooming unit or the person in charge thereof
shall give the Burlington County Health Department free access to
such dwelling, dwelling unit or rooming unit and its premises at all
reasonable times for the purpose of such inspection, examination and
survey. Every occupant of a dwelling or dwelling unit shall give the
owner thereof or his agent or employee access to any part of such
dwelling or dwelling unit or site premises at all reasonable times
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this chapter or with any
lawful rules or regulation adopted or any lawful order issued pursuant
to the provisions of this chapter. In the event that such owner or
occupant denies such access to the Burlington County Health Department,
it shall forthwith apply to the proper court or Judge thereof for
a search warrant.
[Amended 4-22-1980 by Ord. No. 1980-3A; 4-12-1994 by Ord. No. 1994-4-3; 9-28-2004 by Ord. No.
2004-15-9]
Whenever the Burlington County Health Department
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this chapter or of any rule
or regulation adopted pursuant thereto, it shall give notice of such
alleged violation to the person or persons responsible therefor, as
hereinafter provided. Such notice shall be put in writing, shall include
a statement of the reasons why it is being issued, shall allow a reasonable
time for the performance of any act it requires and shall be served
upon the owner or his agent or the occupant, as the case may require.
Such notice shall be deemed to be properly served upon such owner
or agent or upon such occupant if a copy thereof is served upon him
personally; or if a copy thereof is sent, by registered mail, to his
last known address; or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice; or if he is
served with such notice by any other method authorized or required
under the laws of this state. Such notice may contain an outline of
remedial action which, if taken, will effect compliance with the provisions
of this chapter and with the rules and regulations adopted pursuant
thereto.
[Amended 4-22-1980 by Ord. No. 1980-3A; 4-12-1994 by Ord. No. 1994-4-3; 9-28-2004 by Ord. No.
2004-15-9]
A. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter
or of any rule or regulation adopted pursuant thereto may request
and shall be granted a hearing on the matter before the Burlington
County Health Department, provided that such person shall file in
the office of the Burlington County Health Department a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day the notice was served.
Upon receipt of such petition, the Burlington County Health Department
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced not later than 10 days
after the day on which the petition was filed, provided that upon
application of the petitioner, the Burlington County Health Department
may postpone the date of the hearing for a reasonable time beyond
such ten-day period if, in its judgment, the petitioner has submitted
a good and sufficient reason for such postponement.
B. After such hearing, the Burlington County Health Department
shall sustain, modify or withdraw the notice, depending upon its findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Burlington County Health Department sustains or modifies such notice,
it shall be deemed to be an order. Any notice served pursuant to this
chapter shall automatically become an order if a written petition
for a hearing is not filed in the office of the Burlington County
Health Department within 10 days after such notice is served.
C. The proceedings at such hearing, including the findings
and decision of the Burlington County Health Department, shall be
summarized, reduced to writing and entered as a matter of public record
in the office of the Township Clerk. Such record shall also include
a copy of every notice or order issued in connection with the matter.
D. Any person aggrieved by the decision of the Burlington
County Health Department may seek relief therefrom in any court of
competent jurisdiction, as provided by the laws of the state.
[Amended 4-22-1980 by Ord. No. 1980-3A; 4-12-1994 by Ord. No. 1994-4-3; 9-28-2004 by Ord. No.
2004-15-9]
Whenever the Burlington County Health Department
finds that an emergency exists which requires immediate action to
protect the public health or safety, it may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as it deems necessary to meet the emergency.
Notwithstanding the other provisions of this chapter, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately but, upon petition to the Burlington
County Health Department, shall be afforded a hearing as soon as possible.
After such hearing, depending upon its findings as to whether the
provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with, the Burlington County Health
Department shall continue such order in effect or modify it or revoke
it.
[Amended 4-22-1980 by Ord. No. 1980-3A; 4-12-1994 by Ord. No. 1994-4-3; 9-28-2004 by Ord. No.
2004-15-9]
The Burlington County Health Department is hereby
authorized and empowered to make and adopt such written rules and
regulations as it may deem necessary for the proper enforcement of
the provisions of this chapter; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
chapter nor in anywise alter, amend or supersede any of the provisions
thereof. The Burlington County Health Department shall file in its
office a certified copy of all rules and regulations which it may
adopt and shall file the same in the office of the Clerk of the Township
of Hainesport.
No person shall occupy as owner-occupant or
rent to another for occupancy any dwelling or dwelling unit for the
purpose of living therein which does not conform to the provisions
of the New Jersey State Housing Code, established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 9-28-2004 by Ord. No. 2004-15-9; 5-23-2006 by Ord. No. 2006-5-4]
A. Any person, firm or corporation who or which shall
violate any of the provisions of this chapter shall, upon conviction,
be subject to one or more of the following: a fine not exceeding $2,000,
imprisonment in the county jail for a term not exceeding 90 days or
a period of community service not exceeding 90 days, and each violation
of any of the provisions of this chapter and each day on which the
same is violated shall be deemed and taken to be a separate and distinct
offense. The Township waives the additional fine for a violation of
an ordinance within one year of a previous violation of the same ordinance,
as provided in N.J.S.A. 40:49-5.
B. Where a fine in excess of $1,250 is sought to be imposed
for a housing violation or for a zoning violation, the applicable
owner and/or operator shall be provided a thirty-day period in which
the owner and/or operator has an opportunity to cure or abate the
condition prior to the scheduling of a hearing in municipal court.
In the event that the objectionable activity or condition is not resolved
to the satisfaction of the Township following said thirty-day period,
then the owner/operator shall have an opportunity for a hearing before
the municipal court. After the thirty-day period, the higher fine
may be imposed if the municipal court has not determined that the
abatement has been substantially completed.